The Peoples Democratic Party (PDP) has dragged Justice Ekwo Inyang of the Federal High Court, Abuja to the National Judicial Council (NJC) for allegedly violating the country’s Constitution and Electoral Act.

Justice Ekwo had on Tuesday granted an ex parte order barring the Independent National Electoral Commission (INEC) from going ahead with the collation, conclusion and announcement of votes in Tafawa Balewa Local Government Area of Bauchi State.

In an affidavit sworn to by its National Chairman, Prince Uche Secondus in Abuja, the party said in granting the ex parte order, Justice Inyang violated Section 87(11) of the Electoral Act which states that no court has the power or jurisdiction to stop any election pending the determination of a suit.

The opposition party also noted that issues of collation of results and declaration of winner are post-election events and therefore fall under the Electoral Act and constitutional provisions for the election petition tribunal.

“Despite this clear provision of the law, Justice Ekwo decided to hear the application of Alhaji Mohammed Abubakar and his political party, the All Progressives Congress, APC within twenty four hours on 19th March, 2019 and issued an order on INEC not to continue with the election until the case before him is finally decided.

“That the collation of results is a post-election event and under section 87(11) of the Electoral Act, no court has the power or jurisdiction to stop any election pending the determination of a suit.

“That an election includes voting, collation of results and the declaration of results.

“That as a result of the order on the Independent National Electoral Commission, the conclusion of the Bauchi State Governorship election which was to take place on 19th March 2019 was stalled.

“That the order of Justice Ekwo was made contrary to the provisions of the Constitution of Nigeria, 1999 as amended dealing with fair hearing and also section 87(11) of the Electoral Act.

“That the Chief Justice of Nigeria has constituted the various Election Petition Tribunals in Nigeria to handle such cases and the assumption of jurisdiction by Justice Inyang Ekwo is an affront to the Constitution and electoral wishes of the people of Tafawa Balewa Local Government Area and Bauchi State,” the affidavit read.

The PDP added that Justice Inyang did not only violate clear provisions of the Electoral Act, the motion he granted was also an affront on the electoral wishes of the people of Bauchi State who have clearly voted for the PDP’s candidate, Senator Bala Mohammed.